A Clandulla man was fined $550 and disqualified for seven months for mid-range drink driving, the majority of the alcohol that caused the reading consumed the night prior to the offence.
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Neil Fennah, aged 58, of Canary Street, Clandulla, was stopped by police in order to conduct a random breath test at about 6.10pm, December 24, 2017.
The roadside breath test in Cooper Drive, Charbon, was positive for alcohol and he was taken to Kandos Police Station, where a breath analysis of 0.139 was recorded.
Fennah admitted to drinking over a three hour period that afternoon, but had more the night before.
Magistrate Michael Allen told the defendant, “it’s a high reading, just a smidgen under high range”.
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A Kandos man was convicted in his absence when he failed to appear in court charged with prohibited drug possession.
Police attended Stephen Brett Herbert’s Rodgers Street home on March 27, 2018, after they’d been informed he had cannabis in a PVC pipe.
When questioned by officers the 57-year-old admitted to the possession and asked them “you’re not going to take it are you?”
Herbert handed over a jar of cannabis leaf and police sighted the PVC pipe, which upon inspection was full.
The pipe contained 310g and the jar had 20g.
Herbert said it was “for personal use”.
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A woman on her p-plates was reminded that her alcohol limit is zero, when she was fined $660 and disqualified for six months for mid-range drink driving.
Natasha Harvey, aged 27, of Lawson Street, Mudgee, was stopped by police in Kandos at about 5pm on March 18, 2018.
Police were patrolling McDonald Street when they saw Harvey’s vehicle mount the gutter when turning from Angus Avenue.
She admitted to officers “I’ve had a bit about an hour ago”, the roadside breath test was positive for alcohol and she was taken to Kandos Police Station where a breath analysis of 0.118 was recorded.
Magistrate Michael Allen told Harvey, you were two and a half times the legal limit, your driving would’ve been severely affected. But as a p-plater your limit is zero.”
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A man from the Hunter region who crashed his motorbike in the local area, was convicted in his absence when he failed to appear in court.
Christopher Alex Ashton, aged 44, of Dangar Circuit, Medowie, was charged with ‘Negligent driving’.
At 12pm, July 1, 2017, Ashton was riding along the unsealed Breakfast Creek Road when he misjudged a corner and went into a table drain.
He then hit a large rock and fell off the motorbike, sustaining injuries that required him to be taken to hospital.
Ashton was convicted with no other penalty recorded.
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A disqualified driver who was caught behind the wheel another two times – weeks apart – was fined $660 and disqualified for a further 12 months.
Paul Large, aged 44, of Buchanan Street, Kandos, was convicted and sentenced in his absence when he failed to appear in court.
At about 6.30pm on March 23, 2018, police were patrolling the Ilford Road at Kandos when Large passed in the opposite direction.
The officer knew that he was disqualified from November 8, 2017, and conducted a U-turn and stopped him.
Then at about 1.45pm on April 12, 2018, police saw Large driving on Fleming Street, Kandos, again aware that he was disqualified they stopped him.
He said he had to go home and get wire to finish a job.
Magistrate takes on new role
The June 8 Rylstone court date was the last local sitting for Magistrate Michael Allen who has been appointed as Deputy Chief Magistrate of the Local Court of NSW.
His Honour – who also sat at Mudgee for 2013 and 2014 – is one of two Deputy Chief Magistrates in NSW who support the Chief Magistrate in coordinating rosters for 138 magistrates across NSW.
He will also assist with managing sitting arrangements and the judicial education program. And will be based at the Sydney Downing Centre – the state’s busiest Local Court.
Before joining the judiciary, Magistrate Allen worked as a solicitor for the Office of the Director of Public Prosecutions and the Legal Aid Commission, as well as working in private practice.
Between 2002 and 2009 he was a barrister based in country NSW representing clients across a range of jurisdictions including the Local Court, Children’s Court, Family Court, District Court, Supreme Court and Court of Criminal Appeal.
He joined the bench in 2009 and up until this appointment was presiding at Bathurst Local Court circuit, which includes Lithgow, Blayney, Oberon and Rylstone. Before this, he sat at Penrith, Raymond Terrace and the Sydney Downing Centre.
Attorney General Mark Speakman said, “Magistrate Allen is a highly qualified magistrate and former barrister whose legal career spans more than three decades”.